Astalty Affiliate Terms

Introduction

Astalty Pty Ltd (ACN: 648 362 350) provides access to the Astalty Software platform. Affiliates may promote the software and refer others in accordance with the terms and conditions outlined below.

Affiliate Tiers

Astalty operates two distinct affiliate tiers: the Basic Tier and the Elite Tier. The Basic Tier is open to the general public. Affiliates in this tier will receive $50 cash for every Successful Referral, and the referred customer will also receive a $50 credit. Entry to this tier is automatic upon acceptance of these terms.

The Elite Tier is by invitation only and requires direct communication with a member of the Astalty team. Entry is subject to completion of the Astalty Affiliate Certification Course and approval by Astalty. Affiliates in the Elite Tier will receive 25% commission on all revenue generated by a Successful Referral for a period of 12 months. Acceptance of these terms does not guarantee inclusion in the Elite Tier. Eligibility is determined at the sole discretion of Astalty and may require ongoing approval and contact.

Astalty reserves the right to vary the requirements, structure, and commission of these tiers with thirty (30) days’ notice to the Affiliate.

Definitions

A Successful Referral is defined as a referral that results in a new paying subscription to the Astalty Software. The Commission Period (only available to Elite Tier Members) is the 12-month period beginning on the date that a referred customer becomes a paying subscriber.The Commission will be payable monthly in arrears on the seventh (7th) day of each month. The Commission will be payable monthly in arrears on the seventh (7th) day of each month.

Nature of Relationship

The Affiliate is an independent promoter and not an agent or employee of Astalty. No partnership, joint venture or employment relationship is created by this agreement. Affiliates may only provide general information about Astalty Software that has been approved for public distribution by Astalty.

Affiliate Responsibilities

Affiliates agree to perform the Affiliate Services in good faith, promote the software diligently, avoid misleading marketing, use only approved materials, and promptly communicate any enquiries or issues to Astalty. Affiliates must comply with applicable laws and ensure proper disclosure that commissions may be earned. Spam, pop-up advertising, cookie stuffing, redirect manipulation, or use of misleading tools is strictly prohibited.

Astalty Responsibilities

Astalty agrees to provide marketing materials to members on the Elite Tier and support, maintain accurate records of referrals, and issue commission payments according to the applicable tier structure. Payments are made monthly in arrears on the 7th of each month, and Astalty will provide a statement of transactions for all Successful Referrals.

Non-Compete

Affiliates must not solicit current or former customers or employees of Astalty, nor may they participate in or hold interests in any competing business. These restrictions apply during the term of this agreement and for a reasonable period after termination.

Term and Termination

This agreement remains in force for a minimum term of twelve (12) months and will automatically renew for successive twelve-month periods unless either party provides thirty (30) days’ written notice to terminate. Astalty may terminate this agreement at any time for breach or insolvency, or for convenience with thirty (30) days’ written notice.

Upon termination, Affiliates must cease promotional activity and return or destroy all confidential materials. Commission earned during the Commission Period will continue to be paid following termination.

Confidentiality

The Affiliate agrees to maintain the confidentiality of any non-public, technical, or commercial information shared under this agreement. Confidential Information must not be disclosed to third parties without prior consent, unless required by law. The obligations of confidentiality remain in place even after termination.

Intellectual Property

Astalty retains all intellectual property rights relating to its software, systems, and materials. Affiliates agree not to use or claim ownership of Astalty’s IP and will immediately report any suspected infringement. If legal action arises from a claim that the Affiliate’s use of the software infringes third-party rights, Astalty will assist in the Affiliate’s defence and indemnify the Affiliate for related liabilities.

Privacy and GST

Both parties must comply with the Privacy Act 1988 (Cth) when handling any personal information in connection with this agreement. GST will be managed via recipient-created tax invoices. Astalty will issue the necessary invoices, and both parties warrant that they are properly registered for GST purposes.

Liability and Indemnity

To the maximum extent permitted by law, Astalty disclaims all warranties relating to the availability, performance, or suitability of the software. In no event will either party be liable for indirect or consequential losses, and Astalty’s total liability is capped at the amount of commission earned by the Affiliate in the twelve (12) months prior to the claim. Affiliates indemnify Astalty for any breach of this agreement or non-compliance with legal obligations.

Dispute Resolution

Disputes arising under this agreement will be resolved first through negotiation and, if unresolved, through mediation. If still unresolved, disputes may be referred to arbitration under the laws of Australia. Both parties agree to continue fulfilling their obligations during any dispute process.

General

This agreement constitutes the full understanding between the parties and overrides any prior representations. Any changes must be in writing and agreed to by both parties. If any part of this agreement is found to be unenforceable, it will be severed and the remainder will remain in effect. This agreement is governed by the laws of Australia.

By accepting these terms, you confirm your agreement to the above conditions.

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